Acerca de este libro
NELS ACKERSON, Chief Counsel and Executive Director MARY K. JOLLY, Staff Director
KEVIN O. FALEY, General Counsel
LINDA ROGERS-KINGSBURY, Chief Clerk THEODORE L. HUMES, Minority Counsel KENNETH L. FORAN, Minority Counsel
CONTENTS
OPENING STATEMENTS
Abourezk, Hon. James, a U.S. Senator from the State of South Dakota__
Bayh, Hon. Birch, a U.S. Senator from the State of Indiana, chairman,
Subcommittee on the Constitution-----
ALPHABETICAL LIST OF WITNESSES
Page
6
1
Berg, Prof. Larry, Department of Political Science, University of Southern
California, Los Angeles., Calif._
Dent, Edward, Washington, D.C..
Bachrach, Prof. Peter, Department of Political Science, Temple University,
Philadelphia, Pa..
Abraham, Prof. Henry, Department of Government and Foreign Affairs,
University of Virginia, Charlottesville, Va..
66
59
47
123
132
34.
Fish, Peter G., associate professor, political science, Duke University,
Durham, N.C..
112
18
130
90
Diamond, Roger, J., legal counsel, People's Lobby, Los Angeles, Calif.
Fauntroy, Hon. Walter E., a Delegate in Congress from the District of
Columbia
Jones, Hon. James R., a Representative in Congress from the State of
Oklahoma. - -
Koupal, Joyce, People's Lobby, Los Angeles, Calif..
Nader, Ralph, Washington, D.C..
Telschow, Roger, codirector, Initiative America, accompanied by John
Forster, codirector, Initiative America, and Bill Harrington, legislative
coordinator, Initiative America_.
Thomson, Ken, director, Citizens for Participation in Political Action_..
Ward, Baxter, supervisor, County of Los Angeles, Los Angeles, Calif.
Whiting, Don, election supervisor, State of Washington---
CHRONOLOGICAL LIST OF WITNESSES
73
124
85
102
TUESDAY, DECEMBER 13, 1977
Oklahoma _ _.
34
California, Los Angeles, Calif _ _ _ _
Philadelphia, Pa...
University of Virginia, Charlottesville, Va. - -
coordinator, Initiative America___.
WEDNESDAY, DECEMBER 14, 1977
Ward, Baxter, supervisor, County of Los Angeles, Los Angeles, Calif.......
Whiting, Don, election supervisor, State of Washington-
Durham, N.Ć.
Thomson, Ken, director, Citizens for Participation in Political Action__
Koupal, Joyce, People's Lobby, Los Angeles, Calif..........
Diamond, Roger J., legal counsel, People's Lobby, Los Angeles, Calif.
LIST OF EXHIBITS
1. Letter to Sen. James O. Eastland, chairman, Committee on the
Judiciary, from Patricia M. Wald, assistant attorney general, De-
partment of Justice..
2. Letter to Alice Rivlin, director, Congressional Budget Office, from
Senator Bayh, chairman, Subcommittee on the Constitution,
January 18, 1978..
3. Letter to Senator Bayh from Alice Rivlin, February 27, 1978...
4. S.J. Res. 67, joint resolution proposing an amendment to the Consti-
tution of the United States with respect to the proposal and the
enactment of laws by popular vote of the people of the United
States
5. Introductory statement from the Congressional Record, Monday,
July 11, 1977, by Senator James Abourezk which accompanied the
introduction of S.J. Res. 67__
6. Public opinion survey conducted by Cambridge Survey Research on
the voter initiative constitutional amendment....
7. Prepared statement of Hon. Michael J. Harrington, a Representative
in Congress from the State of Massachusetts...
8. Prepared statement of Hon. Guy Vander Jagt, a Representative in
Congress from the State of Michigan___
9. H.J. Res. 544, joint resolution proposing an amendment to the Con-
stitution of the United States to give citizens of the United States
the right to enact and repeal laws by voting on legislation in a
national election _ _ _ _
10. Prepared statement of Hon. Harold S. Sawyer, a Representative in
Congress from the State of Michigan.
11. H.J. Res. 658, joint resolution proposing an amendment to the Con-
national election ___
12. "The Initiative in Washington: 1914-74", by Hugh A. Bone, professor
of political science, University of Washington..
106
13. Editorial from the Lynchburg Virginia News, "An Intriguing Pro-
posal," January 2, 1978.
121
14. Letter to James Murdock, Lynchburg News, editorial page editor,
from Peter G. Fish, associate professor, Duke University..
122
15. Prepared statement by the People's Lobby..
146
APPENDIX
PART 1.-CORRESPONDENCE AND STATEMENTS FROM STATE OFFICIALS
Letter from Hon. Tom McCall of Oregon, former Governor, to Senator
James Abourezk, November 28, 1977...
153
Letter from Hon. J. James Exon, Governor, State of Nebraska, to Senator
Mark Hatfield and Senator James Abourezk, November 21, 1977_____
Letter from Hon. Jay S. Hammond, Governor, State of Alaska, to Senator
Mark Hatfield and Senator James Abourezk, November 30, 1977--
Prepared statement of Hon. William N. Durley, assistant to California
Secretary of State March Fong Eu for Elections and Political Reform___
Letter from Hon. Dixon Arnett, 20th district, California State assembly-
man, with enclosures, to Senator Birch Bayh, December 5. 1977...
Letter from Hon. William G. Milliken, Governor, State of Michigan, to
Senator Mark Hatfield and James Abourezk, December 5, 1977-
Letter from Hon. Bruce A. Smathers, Secretary of State, State of Florida, to
Senator James Abourezk, December 5, 1977_
Prepared statement by Hon. Paul Guzzi, Secretary of the Commonwealth
of Massachusetts..
154
155
157
158
PART 2.-CORRESPONDENCE AND STATEMENTS FROM LAW SCHOOLS AND
UNIVERSITIES
University of Utah, Robert C. Benedict, assistant professor, department
of political science, November 17, 1977..
George Washington University, Arthur S. Miller, professor of law Novem-
ber 23, 1977__
159
161
Antioch School of Law, Institute for Alternative Futures, Clement Bezold,
Ph.D., director___
163
Western Illinois University, college of arts and sciences, John S. Shockley,
Ph.D., associate professor, December 2, 1977_____
172
University of Washington, Prof. Hugh A. Bone, department of political
science, December 2, 1977_
189
University of Southern California, Prof. Harlan Hahn, department of
political science, December 6, 1977..
Rutgers University, Prof, Benjamin R. Barber, professor of political
science, January 12, 1978..
192
University of Toronto, Prof. Walter Berns, professor of political science,
January 26, 1978___
California Polytechnic State University, Marvin J. Whalls, head natural
resources management department, January 19, 1978_
196
197
East Carolina University, Prof. John P. East, Ph.D., LL.B., department
of political science-
PART 3.-CORRESPONDENCE AND STATEMENTS FROM ORGANIZATIONS
Americans for Initiative-Referendum, Milwaukee, Wis, James A. Sigl,
director..
American Referendum Association, Inc., New York, N. Y., Matt Shermer,
director
198
Illinois Coalition for Political Honesty, Patrick Quinn, secretary-treasurer_
Liberty Lobby, Washington, D.C., Vincent A. Drosdik III.
202
203
Michigan United Conservation Clubs, Lansing Michigan, Thomas L.
Washington, executive director..
204
Montanans for Safe Power, Billings, Mont., Edward M. Dobson, cochair-
205
man_
The National Health Federation, Delaware, Ohio, John Yiamouyiannis,
Ph.D., science director..
Progressive Democratic Club of Kansas City, Mo., David J. West, pub-
licity
206
PART 4.-JOURNAL ARTICLES
"The Initiative: A Comparative State Analysis and Reassessment of a
Western Phenomenon," by Charles M. Price, the Western Political
Quarterly, vol. 28, June 1975....
"Direct Democracy-A Study of the American Referendum," by Penelope
J. Gazey, Parliamentary Affairs, vol. 24, No. 2, spring 1971.
"Perspectives on Direct Legislation: Washington State's Experience 1914-
1973," by Hugh A. Bone and Robert C. Benedict, Western Political
Quarterly, June 1975...
"Tendencies of California Direct Legislation", by John Sheldon Rada-
baugh, The Southwestern Social Science Quarterly, June 1961_.
"Initiative, Referendum and Recall: A Resume of State Provisions"
76-95A, Congressional Research Service, Library of Congress, May
1976; with Addendum I to 76-95A, February 15, 1977.
"Constitutional Problems Involving a National Referendum," Thomas M. Durbin, Legislative Attorney, American Law Division, February 25,
1977
PART 5.-LIBRARY OF CONGRESS SUMMARY
A Compilation of Statewide Initiative Proposals Appearing on Ballots
through 1976.....
208
228
245
267
280
353
355
PART 6.-ADDITIONAL CORRESPONDENCE AND STATEMENTS
Letter from Robert Redford, to Senator James Abourezk, November 10,
1977___.
581
Letter and statement from James A. Boyle, Jr., attorney at law, to Senator
James Abourezk, November 28, 1977.
Prepared statement of David Marker, board of directors, Maryland
Public Interest Research Group..
583
Letter and statement from Upton Sisson, attorney at law, to Senator James
Abourezk, December 1, 1977.---
584
Letter and statement from Stephen Laudig, attorney at law, to Senator
James Abourezk, December 1, 1977..
590
Letter from Roy V. Jordan, lawyer, to Senator Birch Bayh, with attached
newspaper articles and statements, December 2, 1977-
591
Letter from Sheila S. Hartley and Lee Jones, to Senator James Abourezk,
December 5, 1977.
599
Letter from Harley H. Hoppe, King County assessor, Seattle, Wash. to
Senator James Abourezk, December 5, 1977...
600
Letter from Michael J. Malbin, American Enterprise Institute, to the
editor, Washington Post, January 23, 1978...
601
Letter from Edward G. Maschke, vice president, Goleta County Water
District, Goleta County, Calif., to Senator James Abourezk, January 30,
1978...
PART 7.-NEWS ARTICLES, COMMENTS, AND EDITORIALS
"California Initiative Process Needs Reform," by Nick Brestoff, Los
Angeles Times, February 5, 1975___
603
"More Refrendums?" The Economist, March 6, 1976--
604
"Initiative Voting Spreads," by Neal R. Peirce, Los Angles Times, June 6,
1976.
607
"The Continuing Campaign To Inhibit the Initiative," by Joe Dziub-
lenski, California Journal, August 1976
609
"Direct Democracy via Referenda," by Ralph Nader, Washington Star,
November 6, 1976..........
612
"Taking the Initiative," Washington Post, May 24, 1977-
613
"Group Backs Initiative Plan," by Jeff Hall, Kansas City Star, July 10,
1977.
-
"National Initiative Ballot Law Will be Introduced by Abourezk," New
York Times, July 11, 1977.
615
"Initiating of Laws by Public Proposed," New York Times, July 12, 1977.
"People's Laws Being Proposed," Ft. Wayne Journal Gazette, July 12, 1977-
"Amendment Would Grant Power To Enact Laws," Rochester, New York,
Times-Union, July 12, 1977-
"Petition Proposal Promoted," by Terry Maxon, Oklahoma Journal, July 14, 1977.
"Legislation Gets Group's Support," Daily Oklahoman, July 15, 1977.
"Federal Initiatives," KFI/KOST, Los Angeles, Calif., editorial broadcast
July 15, 1977..
616
617
"They're Taking the Initiative," by Douglas C. Lyons, Rochester, New
York, Democrat and Chronicle, July 19, 1977_
"Abourezk's Bill: A Chance To Exercise Voter Initiative," by Nicholas von
Hoffman, Washington Post, July 26, 1977.
618
"Initiative, the Populists' Voguish Darling," by George F. Will, Washing-
ton Post, July 28, 1977...
619
"For a National Initiative," Portland, Oreg., Journal, July 28, 1977..
David Brinkley, NBC News-New York Radio Commentary, July 28,
1977---
620
621
"Do the People Rule?" by Roger Telschow, Berkshire Eagle, Pittsfield,
Mass., August 2, 1977..
"In Support of a National Initiative Amendment," Letters to the Editor
column, Washington Post, August 3, 1977--
622
"In Defense of 'Creeping Populism'," by James Abourezk, Washington
Post, August 10, 1977...
623
